Newsletter NJ Laws by Kenneth Vercammen, Esq.: E658 VercammenLaw New

1. Valentine’s Day February 14

2. Estate Planning for Attorneys and Retirement planning

Recent cases

3. Court must hold a hearing if denying

4. Police could not extend search to trunk of car

5. Central Jersey St. Patrick parades & events

1. Valentine’s Day February 14

My friend Thomas Begley Esq. once wrote: For Valentine's Day, we remind you to protect your loved ones by planning for the future. Estate and financial planning will ensure that your health care and financial goals are met if you should become incapacitated or after you pass away. It will provide peace of mind to you and your family. It's more than chocolate and roses.

Regardless of your net worth, if you are over eighteen, it's important to have a basic estate plan in place. A basic estate plan should include a Will, a Power of Attorney, and an advance directive (Living Will with health care proxy). To learn more about estate planning, please read www.njlaws.com/wills.html

We now recommend a new Power of Attorney be signed every 5 years because banks and financial advisors give persons a difficult time with old documents.

We recommend persons who move or the agent has a new address sign a new Power of Attorney. Banks and financial advisors give persons a difficult time with documents that have different addresses than POA.

2. Estate Planning for Attorneys and Retirement planning

During the past 38 years I have enjoyed meeting many lawyers and Judges at NJSBA events, court and educational seminars. I missed being able to see my many friends in the bar when courts and meetings went to Zoom.

As my clients mature, we do more Wills, Estate Planning & Probate, Estate Administration and Orders to Show Cause. Many attorneys have not taken the time to do a Will or Power of Attorney for themselves. We invite you and staff to attend one of the Library WILLS & ESTATE ADMINISTRATION seminars:

If you do not have an up to date Power of Attorney or Will, you should have one prepared. Other Programs are posted at https://njwills.blogspot.com

We also helped a program for the ABA focusing on when attorneys slow down or wish to retire. Several NJ attorneys who retired had their phone numbers forwarded to our office so we could help their clients. It is better to be prepared to help past and future clients. I also suggest to all the attorneys to make sure they have written plans for their files if they become disabled. While I am in great health and run 5k races or triathlons every month it is important we all plan for potential emergency situations. I do not plan on retiring for 25 years.

3. Court must hold a hearing if denying expungement In the Matter of the Expungement of the Criminal Records of R.B.C.

Unreported Petitioner appealed the denial of his petition to expunge records related to his six convictions for municipal ordinance violations. Petitioner completed a term of special probation in the Drug Court Program and filed to expunge the records relating to 18 prior convictions that occurred between 2000 and 2013. Twelve of those convictions were for Title 2C offenses, the other six offenses had been downgraded to municipal ordinance violations from Title 2C offenses. Prosecution objected to the expungement of the municipal ordinance convictions and argued they were not eligible for expungement under the Drug Court Exception. Petitioner argued that because he was initially arrested and charged with a Title 2C offense before the charges were downgraded, all the records were eligible for expungement. Trial court signed an order granting and denying the petition in part but never communicated with petitioner or his attorney concerning the petition or any decision it reached in the matter, did not identify what portion of the petition was denied and offered no basis for the ruling. Court found trial court stated it conducted a hearing but it did not, it did not make any findings of fact or conclusions of law and did not address the parties' conflicting positions as to whether the municipal convictions were eligible for expungement under N.J.S.A. 2C:35-14(m)(5). unreported

Daily Briefing - 02-04-22

4. Police could not extend search to trunk of car

State v. McMillian

Defendant appealed from the denial of his motion to suppress evidence seized during a search of his vehicle at a traffic stop. Police stopped defendant's vehicle after they observed defendant cross over the center line. Defendant advised the officers that he was not the owner of the vehicle and provided the registered owner's name. The officers noticed bits of marijuana scattered across the back seat of the vehicle and detected the odor of raw marijuana. Defendant was removed from the vehicle and searched, admitting to officers that he had smoked marijuana an hour earlier at a friend's house. The officers then searched the interior of the vehicle; after completing that search, they obtained the vehicle keys from defendant and opened the trunk, where the odor of marijuana was strongest. The officers recovered marijuana, cocaine, heroin, and a handgun loaded with hollow point bullets.

Defendant moved to suppress the evidence recovered from his vehicle, but the trial court denied the motion, ruling that police lawfully stopped defendant's vehicle for a traffic violation and had probable cause to search the trunk when the marijuana flakes recovered from the vehicle interior were not the likely source of the raw marijuana smell detected by the officers. On appeal, the court reversed the denial of defendant's suppression motion, vacated his conviction, and remanded for further proceedings. The court first noted that a validly initiated warrantless search could become unreasonable in scope. The court ruled that police did not have probable cause to search the trunk of defendant's vehicle, as they never completed the search of the interior of the vehicle where they had initially observed marijuana flakes in plain view. Therefore, the court held that officers had not eliminated the interior as the source of the raw marijuana odor and could not extend the search to the trunk. Unrep Source NJLJ July 19, 2022

5. Central Jersey St. Patrick parades & events 2023

Sunday, Feb 19, 2023 @ 2pm

2023 Parade Fundraiser

Belmar Lake Como St. Patrick's Day Parade (official) - Boathouse Bar & Grill

Friday, Mar 10, 2023 @ 1pm

Newark St. Patrick Parade https://www.facebook.com/groups/461283292161524

https://www.facebook.com/pg/NewarkParade/events/?ref=page_internal

Saturday March 11, 2023 @12 noon

Union County St Patrick's Day Parade.

Entertainment begins at 12 Noon, Parade steps off at 1PM.

https://www.facebook.com/unioncountystpatricksdayparade/

Sunday, Mar 12, 2023 @ 1pm